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analyst. the 19-year-old has not been read his miranda rights. why does this matter what has it allowed for? what is the issue here? >> a lot of variables here, the question is he in any kwan condition to answer questions with or without miranda? what is his health situation? also, even if he doesn't get miranda warnings, he may decline to answer questions in any case. they can't force him to answer questions, but if he does not receive miranda warnings and if he then anticipates questions those answers cannot be used in a criminal case against him. they can be used for intelligence gathering. they can be used if there are other conspirators who may be prosecuted, can't be used against him. other evidence can be used against him. may be lots of other evidence. if you don't get miranda warnings, your statements i can't be used against you. >> so this is a sensitive issue. another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status.
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
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